To the extent that such approval is furnished IXI shall insure that no registration to the ICQ Service shall be made available without potential ICQ User going through and accepting the standard end-user agreement. In the event that IXI is merged with, or acquired by, an AOL Competitor or an ICQ Competitor, IXI shall immediately return all ICQ User Data to ICQ. In cases where an ICQ User performs a search for MP through any search or navigational tool or mechanism that is accessible or available through the ICQ Network (e.g., Promotions, search terms, or any other promotions or navigational tools), ICQ shall have the right to direct such ICQ User to the MP Areas, or any other MP Interactive Site determined by ICQ in its reasonable discretion.Īdditionally, with respect to such ICQ User communications, in the event that MP encourages an ICQ User to purchase products through such communications, MP shall ensure that (a) the ICQ Network is promoted as the primary means through which the ICQ User can access the MP Areas and (b) any link to the MP Areas will link to a page which indicates to the ICQ User that such user is in a site which is affiliated with the ICQ Network. For purposes of this Agreement, a "Prior Business Relationship" will mean that the ICQ User to whom commercial e-mail or other online communication is being sent has voluntarily either (i) engaged in a transaction with MP or (ii) provided information to MP through a contest, registration, or other communication, which included clear notice to the ICQ User that the information provided could result in commercial e-mail or other online communication being sent to that ICQ User by MP or its agents.
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